Motor Industry Staff Association and Another v Autozone Grahamstown (JS1/2015) [2016] ZALCJHB 204 (3 June 2016)
Court
Labour Court Johannesburg
Case number
JS1/2015
Judge
Coetzee
The Labour Court held that a retrenchment was substantively fair but procedurally unfair because material information about pending SAPS tender litigation was not disclosed.
South African Transport and Allied Workers Union and Others v Fedex Express Supaswift (Pty) Ltd (JS491/10) [2016] ZALCJHB 164 (12 February 2016)
Court
Labour Court Johannesburg
Case number
JS491/10
Judge
Mosime
The court found that the respondent failed to comply with both the procedural and substantive requirements of section 189 of the Labour Relations Act. The respondent did not supply adequate and relevant information to the union and affected employees, failed to consult meaningfully and in good faith, and did not consider or offer viable alternatives to retrenchment, such as internal vacancies. The reasons advanced for retrenchment were inconsistent, inadequately substantiated, and not supported by credible evidence. The selection criteria were not objectively applied, and the consultation pro…
Deltrade 83 (Pty) Ltd v Property Management Business of Liberty Holdings Limited Known as LP Manco and Retail Property Management Business of JHI Properties Known as JHI Retail Division (020404) [2015] ZACT 33 (15 April 2015)
Court
Competition Tribunal
Case number
020404
Judges
N Manoim, F Tregenna, A Wessels
The Tribunal conditionally approved Deltrade’s acquisition, finding no substantial competition harm and imposing employment-related safeguards.
Naude v Bioscience Brands Ltd (C 842/2008) [2010] ZALCCT 46 (11 March 2010)
Court
Labour Court Cape Town
Case number
C842/2008
Judge
Cele
The Labour Court held that Naude’s retrenchment was substantively fair but procedurally unfair, and awarded compensation equal to six months’ salary plus costs.
Maluleke and Others v Johnson Tiles (Pty) Ltd (JS 693/00) [2008] ZALC 43; [2008] 11 BLLR 1065 (LC) ; (2008) 29 ILJ 2606 (LC) (18 April 2008)
Court
Labour Court
Case number
JS 693/00
Judge
AC Basson
The court found that the retrenchment of the applicants was both substantively and procedurally fair. The respondent had suffered financial losses and was compelled to close its traditional plant, resulting in the redundancy of affected employees. The retrenchment process was conducted in accordance with a collective agreement and agency shop agreement with BCAWU, the recognised majority union. The Labour Relations Act establishes a hierarchy for consultation, and where a collective agreement exists, the employer is not required to consult with minority unions or individual employees. The app…
